1 2025:CGHC:51192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1583 of 2025 Satish Prasad Kushwaha S/o Shri Shivdhani Prasad Kushwaha Aged About 49 Years Working As Junior Engineer, R/o Railway Colony Bortalav, Distt- Rajnandgaon (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through -GRP, P.S. Dongargarh, District- Rajnandgaon Chhattisgarh ... Respondent For Applicant : Shri Keshav Dewangan, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/10/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.19/2025 registered at Police Station – G.R.P. P.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.15 14:34:17 +0530 2 Dongargarh, Distt-Rajnandgaon (C.G.) (Correct PS name) for the offence punishable under Section 105 of B.N.S. 2023. 2. Facts of the case are that the applicant is an employee of the Railways and is holding the post of Junior Engineer and at the time of the incident, he was working in kilometer number 945/8-10 Dongargarh, Distt Rajnandgaon. On 23.02.2025 when he was working alongwith his staffs in kilometer number 945/8-10 for the purpose of maintenance of railway track at about 2.11 A.M. one train no. 12883 (Ahmedabad Express) coming from opposite side and hit one of the employees named Ravishankar Bhodey who was working in the field, due to which he died on spot. After the incident, the concerned police investigated the matter and has found that due to negligence on the part of the present applicant, the accident was caused and in the said incident the deceased has died and registered the case u/s 106 (1) of B.N.S. and thereafter when the deceased has died he altered the said offence and has registered the case U/s 105 of B.N.S. 2023 for culpable homicide not amounting to murder. 3. Learned counsel for the applicant submitted that the applicant is working as a Junior Engineer in the Indian Railways. It is stated that the employee of the railway died in an accident. It is stated that due to negligence of the applicant deceased had met with an unfortunate death and he states that the case should have been registered u/s 304A IPC but the same has been registered u/s 304 3 Part 1 IPC. It is stated that if the applicant is not allowed bail, he would loose his service, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, material available on record, considering the fact that applicant is working as a Junior Engineer in the Indian Railways and has not deliberately caused the death of the deceased and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Satish Prasad Kushwaha, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. 4 (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri